Can’t Work? Where to Turn for Help

by Dennis Liotta, Esq

Figure skating champion and
cancer survivor Scott Hamilton
once said, “You are going to go
through a lot of stuff in your life, and
you can look at it as debilitating, or you
can look at it as a challenge.”

Dealing with cancer arguably will be
one of the hardest things you do in your
life. Chemotherapy, radiation, surgery,
and other treatments fight the cancer in
your body, but they may also leave you
with side effects that may leave you unable
to work for an extended period of
time. And if you can’t work, it can be
very hard on you and your family financially
– especially with the cost of medical
treatments, procedures, and hospital stays.

If your expenses are piling up and
you’re having trouble making ends meet,
it’s time to consider applying for Social
Security disability (SSD) benefits. Due
to the troubled economy and high unemployment
rate, the Social Security
Administration is being flooded with
claims. Learning how to navigate the
system will increase your chances of
being accepted for SSD benefits.

How to Determine Whether You’re
Eligible for Benefits
If you can answer
yes to the following questions, you may
be eligible for SSD benefits:

Do you have a physical or mental
condition that prevents you from working
full time? The diagnosis does not
guarantee you benefits; it is whether
the disability is severe enough to prevent
you from holding a job.

Do you have a disability that prohibits
you from working in any capacity – not
just in the job you held previously?

Has your disability lasted – or is expected
to last – for at least one year?
Or, is the disability life-threatening?

Do you have an earnings record that
shows you have paid into the Social
Security system within the past five
years? If you have never held a job,
you may be eligible for Supplemental
Security Income benefits (SSI).

Getting the SSD benefits you need to live while coping with cancer can be a challenge, but it’s a challenge that can be overcome with knowledge, preparation, patience, and persistence.

Dennis Liotta

How to Apply
To get started, contact
the Social Security Administration
(SSA) at 1-800-772-1213, visit ssa.gov
to file online, or make an appointment at
a local Social Security District Office.

The claims process can take 120 days
or more. Those approved receive SSD
benefits after their fifth full month of disability.
If approved, your SSD payments
are retroactive from the date you were
evaluated as disabled.
Money
you receive is
based on your
average top earnings
over the
past 15 years of
your work history.
However,
note that your
SSD medical
benefits do not
kick in until the 29th month from the
date you’re considered disabled.

Denied Claims – What to Do
If the
SSA denies your claim, don’t panic. The
government denies over three-fourths of
initial claims, even for people who are
entitled to receive SSD benefits. But
you must act quickly. You only have 60
days to appeal. You can reapply after
that time period, but the process starts
all over again.

If you appeal the decision, you’ll go
to a hearing, which can take anywhere
from 12 to 18 months. Typically, it takes
a judge several months to issue a decision.
If that doesn’t work, you can move
on to the Appeals Council. Lastly, you
can pursue a case in Federal Court.

While you can represent yourself at
an appeal hearing, you may want to consider
contacting an experienced attorney
if you get overwhelmed. You will definitely
need an attorney at the federal level.

Sometimes the SSA will terminate
your benefits if they believe you’ve earned
too much money or your condition has
improved. However, if your benefits are
stopped, you can appeal within 60 days
(10 days to continue receiving checks
while the appeal is pending).

Navigating the System
Applying
for SSD benefits can be a long and
complicated process. If you are living
with cancer and can’t work, increase
your chances of being approved by
learning all you can about the Social
Security system.

If you want to hire an attorney to help
you cut through the red tape, make sure
the lawyer has experience handling SSD
claims, a track record of success, and
preferably a contingent fee policy so that
you don’t pay unless you receive benefits.

Getting the SSD benefits you need
to live while coping with cancer can be
a challenge, but it’s a challenge that can
be overcome with knowledge, preparation,
patience, and persistence.

♦ ♦ ♦ ♦ ♦

Attorney Dennis Liotta,
a partner at the law firm of Edgar Snyder
& Associates, has over 20 years of experience
and has helped people with physical
and mental disabilities get Social Security
disability benefits. For a comprehensive
overview of SSD, with answers to commonly
asked questions, download a free
guide at edgarsnyder.com/ssd-guide.

This article was published in Coping® with Cancer magazine,
January/February
2012.